Tag Archives: Trump’s tweets

Morning Ethics Warm-Up, 11/16/17: Keeping the Public Ignorant About Unethical Lawyers, Sugar Lies, And A Terrible Trump Tweet…

Good Morning, John!

Sing us into the first item, would you?

1 “Is anybody there? Does anybody care?” Everywhere I go, lawyers are talking about the David Boies scandal, which I wrote about here. I haven’t seen much media discussion about it at all. We have now seen one prominent hack lawyer, Lisa Bloom, and one prominent, skilled and respected lawyer, Boies, demonstrate high profile professional conduct that should receive serious sanctions from their profession, and it appears that most of the public and the media neither knows this nor cares.

Bloom is just a venal, incompetent, bad lawyer. The real crisis is when top lawyers blithely engage in wildly unethical conduct in a high profile case, but I doubt the public sees the difference. Very little commentary on Boies’s betrayal of the New York Times  focused on the throbbing black-letter ethics violation involved.  Today, a front page story in the New York Times about Black Cube, the sinister investigative crew hired by Boies to gather dirt on the Times before it blew the whistle on Harvey Weinstein completely missed this crucial element of the story. It also makes it near-certain that no one will read the report who need to know how poorly legal ethics are enforced.

Here’s the headline in the print edition: “Sleuths for Weinstein Push Tradecraft Limits.”  Tradecraft? Online: “Deception and Ruses Fill the Toolkit of Investigators Used by Weinstein.” Nowhere in the article are readers informed that lawyers are forbidden, without exception, from using any contractor that regularly uses deception.

Here is the kind of thing Black Cube specializes in, from the Times piece:

“Earlier this month, a former hedge fund employee was flown from Hong Kong to London for a job interview. Around the same time, a current employee of the same Toronto hedge fund was also flown to London for interviews. The company courting them was fake. Its website was fake. There were no jobs to be had, and the woman who set up the interviews was not a recruiter but an agent working for an Israeli private investigative firm.

This was not an episode of “Homeland” or the latest “Mission: Impossible” installment. Interviews and court papers show that these deceptions were part of a sophisticated and expensive investigative operation. The objective, according to one filing, was to gather proprietary information held by the hedge fund. The agent worked for Black Cube.”

Every single jurisdiction in the United States declares in its legal ethics rules, usually in the rule about misconduct, 8.4 (bolding mine):

It is professional misconduct for a lawyer to:

(a) Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

(c) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation…

How much clearer can it be? It is unethical for a lawyer to employ someone or an organization that he or she knows routinely and reliably engages in “dishonesty, fraud, deceit, or misrepresentation.” Yet that’s the only reason anyone hires Black Cube. Conclusion: Boies breached a major ethics requirement, perhaps the most serious one there is. And why?  Because a client paid him to. Continue reading

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Which Presidents Would Have Tweeted Trump-Style If They Had A Twitter Account?

The tweet above from the President as he doubled down on his unusually stupid attack tweets against Joe and Mika got me thinking. He’s not entirely wrong. Trump is the first President to use social media personally and for candid statements and observations, bypassing the news media, and almost all of the previous Presidents had no choice in the matter. Fourth of July weekend always gets me thinking about the Founders, and the Founders get me musing about the Presidents, and I found myself playing this mind game: Which of our Presidents, had they has access to Twitter, would have used it in a Trumpian manner?

I should clarify some issues at the outset. None of the Presidents would have used Twitter in a stupid, juvenile and boorish manner like President Trump, because none of them were that stupid, juvenile and boorish. (On the other hand, none of their critics, being comparatively responsible and sane, would have argued that stupid, juvenile and boorish tweets were justification to remove the previous 44, as Keith Olbermann thinks.) By using Twitter in a Trumpian manner, I mean using it…

..Personally…

…for the purpose of by-passing the news media and White House spokespersons…

…in order to make declarations of intent, emotions or satisfaction, or

…to attack, accuse, denigrate, compliment, rebut, defend, joke, troll, or otherwise

…communicate directly with the public.in an unfiltered manner.

One other caveat: Trump would definitely be establishing new Presidential norms were his tweets less obnoxious and embarrassing. By the time his term(s) are over, he mat have given Presidential tweeting such a bad reputation that no future POTUS will dare use Twitter for fear of being compared to the Mad Tweeter of 1600 Pennsylvania Ave.

All right, on to the inquiry!

Which of our previous Presidents would have used twitter in one or more of the ways Trump uses it. based on what we know of their character and leadership styles?

Continue reading

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Filed under Character, Etiquette and manners, Government & Politics, History, Leadership, Science & Technology, Social Media

Morning Ethics Warm-Up: 6/23/17

1. When I am forced to be away from Ethics Alarms for a long time, as was the case yesterday, it often renews my musings about whether I respond too much to reader comments. Everyone generally does just fine when I’m silent, and sometimes I find that fascinating and unexpected new topics have not only sprung from whatever ethics fertilizer I left behind,  but have grown and flourished like bamboo.

Unfortunately, I have also noticed that there have been a lot ( as in “too many”) of extended arguments between commenters that not only extend beyond reasonable limits, but also explode into personal attacks. I admit that Ethics Alarms is, for a moderated blog, unusually tolerant of this phenomenon. One reason for that is that sometimes such epic confrontations are both entertaining and enlightening, as when liberal commenter and Ethics Alarms immortal tgt and uber-conservative commenter Steven J. Pilling engaged in the Ethics Alarms equivalent of the Lincoln Douglas debates, only occasionally snapping and calling each other names.

However, while the occasional emotional outbursts are excusable, they should be rare. Reprimanding a commenter for  commenting style and habits is certainly fair, but doing it repeatedly is boring; and I want to remind everyone that while it is often frustrating, allowing someone to have the last word is not capitulation, especially when that last word is not particularly persuasive.

We also owe ourselves and everyone else self-awareness. When a commenter finds himself or herself repeatedly embroiled in long, heated exchanges, that commenter should consider the possibility that he or she is the problem.

The general principle is that we should strive to have all comments contain substance that advances the discussion. “You’re an asshole” is occasionally justified (when a comment has objectively revealed a commenter to be an asshole, and even then is not mandatory), but rarely.

2. When President Trump issued his trolling tweet about James Comey and the possibility that there were “tapes” of their conversations, I wrote that it was the President’s dumbest tweet to date. (I think he has made worse ones since, but at this point any tweet by the President is evidence of crippling stubbornness, impulsiveness and bad judgment). I did not think that what was obviously a bluff without substance would still be considered a headline-worthy issue many weeks later. Continue reading

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Ethics Observations On The President’s “So-Called Judge” Tweet

Donald J. Trump - ø@realDonaldTrump The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned! 1:12 PM - 4 Feb 2017 Donald Trump Tweet

Ugh.

In case you were lucky enough to miss it, after Judge James Robart temporarily blocked  President Trump‘s Executive order halting  immigration from seven Middle East nations teaming with terrorists, nationwide, the President responded on Twitter yesterday:

Tweet 1.:

When a country is no longer able to say who can, and who cannot , come in & out, especially for reasons of safety &.security – big trouble!

Tweet 2.:

Interesting that certain Middle-Eastern countries agree with the ban. They know if certain people are allowed in it’s death & destruction!

Tweet 3.:

The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!

The last one inspired expressions of alarm and horror:

Senator Schumer: “POTUS’s attack on Judge Robart shows a disdain for an ind. judiciary that doesn’t bend to his wishes & lack of respect for the Constitution.”

Bernie Sanders: “Trump has to learn the very important truth stated by Washington AG Bob Ferguson: “No one is above the law, not even the president.”

Representative Jerry Nadler: ” No “so-called.” Judge Robart is a GWB appointee who was confirmed 99-0. We are watching closely your contempt for our Judicial Branch.”

Evan McMullin—remember, the Independent who ran to be President of Utah?—wrote,

“Disagreeing with a court decision is fine, but undermining the legitimacy of a judge and the Judiciary Branch is a threat to the Republic.”

(Somehow I just don’t think that a President who has for three months watched an entire political party seek to undermine the legitimacy of a duly elected POTUS–him–with protests, riots, recounts, an Electoral College rebellion, calls for impeachment, calls for military coups, Hitler comparisons, accusations of incest with his daughter,  insanity, and conspiracy theories involving Russia will take too seriously the argument that three words in a tweet is a “threat to the Republic.” I could be wrong…)

Naturally bloggers, pundits and social media users have reacted to the three words with even more intensity.

Ethics Observations: Continue reading

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Filed under Character, Government & Politics, History, Law & Law Enforcement, Leadership